While the elderly are more prone to falls, a person of any age can suffer serious injury in a slip and fall. Whether at a business or on the property of a friend or family member, you may be wondering when a property owner is liable for your injuries.
Jacobs and Jacobs Personal Injury Law is committed to providing legal support and client advocacy to victims of slip-and-fall accidents. This article outlines the common causes of these accidents, when property owners may be liable, and when victims should seek legal assistance.
Common Causes of Slip and Fall Accidents
Most slip-and-fall accidents occur due to hazardous areas, structural conditions, or weather conditions.
Hazardous Areas That Cause Slips, Trips, and Falls
When dangerous conditions or objects are present, they increase the risk of causing an accident that results in injuries. Wet or slippery floors are one of the most common causes and can arise on any type of property. The floors may have been recently mopped without any warning of the danger, or a spill may have been overlooked, leaving slippery substances behind that cause accidents.
Uneven surfaces also pose a hazard for tripping. Cracked flooring, loose floorboards, worn rugs, and potholes are just a few examples. Concerns about unfastened cords and wires can easily cause a customer or guest to suffer serious harm. Areas of clutter and debris are another issue, as people may trip and fall over them or slip as they try to navigate them.
Dangerous Structural Conditions
In office buildings or residential properties, property owners need to pay attention to structural conditions and repair them as they arise. Broken stairs or steps can cause people to trip and fall. Handrails along walkways or banisters in stairways should also be present and in good condition. If they are loose or even missing, it can lead to a dangerous fall from a great height.
Poor lighting has also been cited as a common cause of slip-and-fall accidents, especially in stairwells. When nothing illuminates the path ahead, it can create danger for anyone trying to navigate these areas.
Hazards Caused by Weather
While weather is beyond anyone’s control, certain types of weather can cause dangerous conditions, and property owners must be prepared to prevent injuries. For example, walkways in front of homes or businesses should be cleared of snow and ice. If these actions can’t be taken, clear warnings must be posted to prevent accidents.
When Does a Property Owner Have Slip and Fall Liability?
In regards to property owner responsibility, slip and fall accidents can be much more difficult to prove without the help of a slip and fall lawyer. It can be all too easy for them to turn around and blame you for getting hurt on their property. However, the law outlines key areas that may mean a property owner bears responsibility in a particular situation.
Awareness of Hazards
According to Washington state laws, a property owner may be liable if they knew or should have reasonably known a hazardous condition existed. They may have what is known as actual knowledge in a situation, such as witnessing a spill but failing to clean it up or finding a broken banister on the stairs at an apartment building but failing to report it or make repairs.
Constructive knowledge will require deeper investigation to prove. Still, it refers to a hazard that existed for an extensive period to the point that a property owner should have reasonably discovered and addressed it. Property owners require routine inspections, and if they have a stairwell with a loose step, for example, it should not go unnoticed.
Failing to Address Dangerous Conditions
In addition to proving that a property owner had an awareness of a hazard, it must be shown that they failed to take action to prevent accidents or correct the danger. If a floor is wet, it would be reasonable to place warning signs surrounding the area. When steps are broken, or there is a portion of uneven pavement, repairs should be made to correct these issues. Until those repairs can be made, the area should be blocked off and have visual warnings.
These are just a few examples of how property owners should uphold their duty of care to guests on their premises. If they do not, they may be liable for injuries incurred in a slip-and-fall accident.
Steps to Take Immediately After a Slip and Fall Incident in Washington State
If you slip, trip, or fall at a commercial property such as a restaurant, supermarket, or hotel or at the property of a friend or relative, you should take the proper steps. The following actions will help protect your rights in the event that you need to take legal action.
Report the Accident
When you slip and fall, it is essential to notify management or the property owner immediately. At a business, they will have an accident report form. Make sure you file this report and get a copy of it for your records. If it was at the home of a friend or family member, document what happened in writing.
Document the Hazard That Caused Your Slip and Fall
While many property owners will be cooperative, you do not want to take the chance that they will clean up evidence of the hazard that caused you to suffer injuries. Pull out your phone and take photos and videos of it, making sure to capture the exact location as well as the lack of warnings that could have prevented you from getting hurt.
Seek Immediate Medical Attention
Many slip-and-fall victims are often embarrassed by what happened, but it is imperative to get medical treatment for your injuries. You may have broken bones, rib fractures, or a head injury. If you fell from a height due to a faulty railing or stairwell, you may have internal bleeding or spinal cord damage.
Accidents like these can cause life-threatening injuries and permanent disabilities. Even if you think you aren’t hurt at the time, it is essential to go to the hospital or urgent care center to have a medical evaluation.
Talk to a Lawyer About Your Slip and Fall
Slip and fall cases are among the most difficult to prove, and injured victims in these scenarios often get nowhere when they try to file a claim without an attorney. You should have a lawyer take a look at the facts of your case and determine the legal options available.
Common Challenges Faced by Victims in Slip and Fall Cases
One of the biggest challenges when filing a slip and fall accident claim is that you must prove negligence on behalf of the property owner. A duty of care must be established, and it must be shown that this duty was breached by proving the property owner knew or should have reasonably known that this hazard existed.
Another layer of complexity often arises when it comes to the issue of comparative negligence. While Washington state follows a pure comparative negligence model that allows a victim to recover compensation even if they are up to 99% at fault, being partially blamed can significantly reduce a settlement. When that happens, you may not be awarded enough to cover your outstanding medical bills or make up for your lost wages.
In many cases, slip and fall accidents often have no other witnesses. Even in a crowded store, it may be challenging to track down other shoppers who saw what happened and get their testimony. When witnesses are found, a significant length of time may have already elapsed, and with it, their memories may not be as apparent in recalling the specifics of the incident.
With slip and fall cases and other types of personal injuries, the insurance company’s tactics are usually the biggest hurdle to overcome. Some victims don’t realize they’re injured right away and don’t seek treatment immediately after the accident. Once they do, the insurer will argue that the injuries happened in another way.
Even when medical attention has been sought promptly, the insurance company may try to minimize the severity and impact, offering a lowball settlement that barely covers the financial losses endured. This often results in victims sinking further into debt, all because of another person’s negligent behavior. Each of these challenges is precisely why any person who has slipped, tripped, or fallen on someone else’s property should review their case with an attorney.
If you were a customer at an establishment or a guest, you may be able to recover compensation for your injuries. Jacobs and Jacobs Injury Law Group provides free case reviews to help you determine if you have a valid claim and can help you fight for what is fair.